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Decree Of 4 August 2006 Fixing The Modalities Of A Personal Consultation To Determine The Trade Unions Entitled To Designate Representatives To The Central Joint Technical Committee With The Director Of The Ica...

Original Language Title: Arrêté du 4 août 2006 fixant les modalités d'une consultation des personnels afin de déterminer les organisations syndicales habilitées à désigner des représentants au comité technique paritaire central placé auprès du directeur de la Cai...

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JORF n°195 of 24 August 2006
text No. 41



Order of August 4, 2006 setting out the terms and conditions for a personal consultation to determine the trade union organizations authorized to designate representatives to the Central Joint Technical Committee placed with the Director of the National Solidarity Fund for Self-Government

NOR: SANG0622979A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/8/4/SANG0622979A/jo/texte


The Minister of Health and Solidarity and the Minister of Public Service,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity;
In view of the decision of 4 August 2006 to establish a central technical committee with the director of the National Solidarity Fund for Autonomy,
Stop:

Article 1


A consultation with the staff of the National Solidarity Fund for Autonomy (CNSA) is organized, pursuant to Article 11, second paragraph, of the above-mentioned Decree of 28 May 1982, in order to determine the trade union organizations to be represented in the central technical committee of the caisse.
The election will be organized according to a schedule set by the director of the caisse.

Article 2


Are electors:
1° Employees who are active, detached or made available to the CNSA, excluding employees on parental leave or on termination leave;
2° Contractual agents of public and private law employed by CNSA, who are indeterminate or temporarily recruited for a minimum period of six months and whose presence in the credit union services, valued at the closing date of the lists of electors, is at least seventy hours per month, excluding staff on parental leave or on leave without pay.

Article 3


The list of electors is stopped by the director of the caisse. It is posted on the premises of the establishment at least 15 days before the date set for the consultation.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period and for three days from its expiry, claims may be made against registrations or omissions on the list of electors.
The Director shall promptly decide on these claims.

Article 4


As part of the consultation provided for in Article 1 of this Order, the trade union organizations of civil servants referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above may be contested.
If none of these trade union organizations submit a nomination or if the number of voters, as noted by the elections, is less than half of the staff to vote, it is organized a second round to which any employee organization may participate.

Article 5


For the first round, applications must be sent to the Director of CNSA at least six calendar weeks before the date for the election.
Such nominations may be accompanied by a profession of faith and must mention the name of a delegate, entitled to represent the trade union organization in all electoral operations.
Nominations are the subject of a receipt to the delegate.
In the event that a second round would be necessary, pursuant to article 11 bis, paragraph 2, of the above-mentioned decree of 28 May 1982, the nominations must be filed under the same conditions, at a date fixed by decision of the director of the CNSA.

Article 6


Nominations that meet the conditions set out in sections 4 and 5 of this Order shall be posted on the premises of the establishment within three days of the closing date of application under Article 5.

Article 7


A polling station is established with the director of the National Solidarity Fund for Self-Government.
The polling station notes the quorum, proceeds with the counting of the ballot and the proclamation of the results.

Article 8


The polling station includes a president and secretary appointed by the director of the caisse, as well as a delegate from each list in attendance.

Article 9


Electoral operations are conducted publicly in the workplace and during service hours.
The vote takes place in secret ballot on acronym and under envelope. The ballots and envelopes are prepared by the administration according to a model.

Article 10


The vote may be taken by correspondence under the following conditions:
The necessary ballots and envelopes shall be transmitted to the concerned two calendar weeks at least before the date fixed for the elections. This period does not apply to officers prevented from voting as a result of service requirements.
The elector inserts his ballot in an envelope (this envelope n° 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope, which may not be cached, into an envelope (this envelope n° 2) on which its name, first name, assignment and signature must appear. This fold, obligatoryly hidden, is placed in a third envelope (in envelope No. 3) that it addresses by post to the polling station of which it depends.
Envelope No. 3 must arrive at the polling station before the closing time of the poll.
At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes n° 3 and the envelopes n° 2 are open. As envelopes 2 were opened, the list of electors was started and envelope 1 was filed in the ballot box containing the votes of the agents who voted directly.
Except without being opened and annexed to the minutes the envelopes No. 3 reached after the closing time of the ballot, the envelopes No. 2 on which do not appear the name and signature of the voter or on which the name is illegible, the multiple envelopes No. 2 reached under the signature of the same agent, the envelopes No. 1 reached in multiple numbers under the same envelope no. 2 and the envelopes The name of the voters whose envelopes emanate is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
The polling station shall prepare a record of the census of correspondence votes. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the above census are returned to the interested parties with the date and time of receipt.

Article 11


The polling station sees the number of votes from the starting list.
If the number of voters is equal to or greater than half of the number of registered electors, the polling station shall proceed without delay to count the ballot.

Article 12


During the counting of the ballot, the ballots found in the ballot box are not counted in the valid votes cast, the ballots found in the ballot box without envelope, the ballots not conforming to the model, the ballots closed, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and denoting different trade unions.
A record of counting operations is prepared, to which ballots are annexed as null.

Article 13


The polling station counts all the votes having focused on the trade union organisations in attendance.
It determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the Central Joint Technical Committee of the caisse.
It attributes to each trade union organization having presented itself to the staff consultation as many seats of staff representatives as the number of votes collected by it contains the electoral quota. The seats of any incumbent representatives remaining to be filled shall be allocated according to the highest average rule.
It then assigns to each trade union organization a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by that organization under the preceding paragraph.
It sets out the minutes of the electoral operations on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each trade union organization in the presence. The separate envelopes are annexed to this report without being open and invalid ballots. The polling station shall forthwith proclaim the results of the consultation.

Article 14


Without prejudice to the provisions set out in the eighth paragraph of section 14 of the Act of 11 January 1984 referred to above, disputes over the validity of the staff consultation shall be brought, within five days of the proclamation of the results, to the director of the fund and, where applicable, to the administrative court.

Article 15


Based on the results of the consultation, an order by the Minister of Health and Solidarity determines the trade union organizations authorized to appoint representatives to the Central Joint Technical Committee of the National Solidarity Fund for Self-Government, as well as the number of seats to which they are entitled.

Article 16


The director of the Caisse nationale de solidarité pour l'autonomy is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, 4 August 2006.


Minister of Health and Solidarity,

For the Minister and by delegation:

The Director of General Administration,

staff and budget,

E. Marie

The Minister of Public Service,

For the Minister and by delegation:

Deputy Director,

A. Wagner


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